Suchergebnisse

This book develops a framework for the legal analysis of global governance phenomena. Today, international institutions are responsible for more and more governance activities which cover a wide range of issue areas and which affect individuals and governments alike. So far, there exists no legal, doctrinal approach to such phenomena. The dominant social science approach is unsatisfactory from a normative standpoint: it does not allow to single out those activities on the part of international institutions which compromise individual or collective self-determination. To this end, the book prop

This article outlines the global importance of the failed proposal for a new Chilean constitution. It shows the potential of constitutional processes to deescalate heightened social confrontation as well as the need of consensus building. In particular, this article focuses on how the Chilean proposal deals with rights. Its mainstreaming of progressive demands is as important as its implicit rejection of the critique of rights voiced in the Global North. The article concludes with a note on substantive equality in a capitalist world economy.

This article studies European reactions to the most troublesome instance of systemic deficiencies in EU Member States: the undermining of checks and balances. It begins by surveying the various institutional options and constitutional grounds for action.To understand the problem better, it then unfolds the concept of systemic deficiencies as a specific form of illegality and inter-systemic conflict. The third step develops a legal framework to coordinate the panoply of systemic deficiency instruments in the European legal space, but also to assess critically any respective EU action; the building blocks of this framework are competence, procedure, standards, and control. The article shows that red lines can be drawn that respect constitutional pluralism, and that legitimacy of any action is enhanced if many institutions undertake it jointly, so that Europe speaks with a single and principled voice.